关于离婚...

请问, 有没有人知道如果双方都同意离婚, 可以自己申请的吗? 表格哪里取? 表姐和那家伙决定离婚了, 她说绝不后悔, 知道的帮个忙吧. :wdb33:
 
回复: 关于离婚...

什么世道, 离婚的事也要女人操心,
我要是你表姐就跟他说, 你一辈子不干好事, 就把离婚的事给操办了, 日后也让我有点东西怀念你的好处,
 
回复: 关于离婚...

离婚
当你们分居时,分居协议和法庭命令可以解决你们的家庭
事宜,但不会在法律上终止你们的婚姻。终止婚姻的唯一途径是离
婚。只有法庭可以判决离婚。
您可以通过提交能够证明你们的婚姻已告结束的证据来取
得离婚判决。您可以通过宣告你们已分居达一年、您的丈夫或妻子
与另一人有性关系,或者您的丈夫或妻子在身体上或精神上虐待您
来证明这一点。
如果你们不能就离婚条款达成协议,则需要上法庭,并由
法庭决定。如果你们达成协议,则可到法庭将你们的协议备案。在
这种情况下,您可能不必见法官。一旦您的离婚手续完成,您即可
再婚。

http://www.attorneygeneral.jus.gov.on.ca/english/family/familyla_chinese_simplified.pdf
 
回复: 关于离婚...

分居以及如何解决你们之间的问题
当你们不再居住在一起,且没有重新住到一起的可能性
时,你们就分居了。分居时,你们要做出许多决定。
你们需要安排你们中的谁将留在原来的住宅内、谁将支付
家庭债务、将需要支付多少赡养费、将如何分割你们的财产以及谁
将照顾你们的子女。
你们可以利用不同的途径解决问题。
1. 你们可以有一个非正式的安排,它可以是口头的,也可
以是书面的。
2. 你们可以针对具体事情达成一致意见,并在一份分居协
议(Separation Agreement)里写入你们的决定。分
居协议必须由你们俩人在证人前共同签署,以使其具有
法律效力。该证人也必须在协议上签字。
3. 你们可以请一位调解员或仲裁员介入。
4. 你们可以选用共同合作家庭法(Collaborative Family
Law)。(如果你们有意于采用这一方法,则必须咨询
一位律师。)
5. 你们可以上法庭并请求法庭裁定。
如果你们俩人可以就解决你们之间的问题达成一致意见,
这总是比较理想的。法庭诉讼既耗费钱财,又耗费很长的时间。如
果您与配偶不能达成协议,一位调解员可以帮助您来与另一方商谈
并达成协议。一位律师也可以帮助解决问题,但要记住,同一位律
师不可能帮助你们两个人。
 

游客

Guest
回复: 关于离婚...

请问, 有没有人知道如果双方都同意离婚, 可以自己申请的吗? 表格哪里取? 表姐和那家伙决定离婚了, 她说绝不后悔, 知道的帮个忙吧. :wdb33:
离婚就离婚?为什么加这个:wdb33:?这么高兴是不是表姐攀到高枝了?
 
回复: 关于离婚...

http://www.ontariodivorce.ca/FAQ.html

要不然你先看看这个FAQ, 我有点纳闷, 又不是咱们两离婚, 咱们着的哪门子急啊,

FREQUENTLY ASKED QUESTIONS ABOUT

DIVORCE

The answers set out below are intended only to provide general information. Every person's situation is unique and the information following should not be taken as legal advice.

Do I need a divorce?

There is no legal requirement for you to become divorced unless you want to remarry. Many people however get divorced simply to bring closure.

Will I have to appear in court?

Probably not. Court appearances are usually reserved for defended or complex divorce actions.

Can I get divorced if I don't know the whereabouts of my spouse?

Yes, but certain steps must be taken before the court will allow you to proceed.

Do I need a lawyer to get a divorce?

No. Just as with any law suit, anyone can act for himself or herself.
However, if you want anything other than the divorce itself you would be well advised to consult with a lawyer. In many cases people getting divorced also have issues relating to children, support or property to be dealt with. In those cases you should see a lawyer experienced in family law matters to make sure your rights are being fully protected.

What are the grounds for divorce?

In Canada there is only one ground for divorce: breakdown of the marriage. Paragraph 8 (2) of the Divorce Act states that "Breakdown of the marriage" is established only if:
(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
(b) the spouse against whom the divorce proceeding is brought has, since the celebration of the marriage:
(i) committed adultery, or
(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses."
The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. That is, if you are using one year of separation to establish the breakdown of the marriage you can't begin the proceeding until after the spouses are already separated and can't finalize it until at least one full year of separation. But you don't have to wait a year of separation to get the proceedings started.
Sometimes one of the parties wants to get the divorce without waiting the year from date of separation. This can be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation you may have converted an uncontested divorce into a contested one and it likely won't be finalized within the year anyway. Almost all divorces begun nowadays show breakdown by one year separation.

Can I get my divorce if there are still things we haven't settled?

Yes. The Divorce Act makes a distinction between the act of getting people freed from the legal relationship of marriage and finalizing the various other issues that may still exist between them such as spousal support, child support, custody and access. These other things are called collateral issues and they can be dealt with after a divorce or as part of the divorce proceedings, but after the divorce itself has been granted. This allows parties who want to remarry to do so without forcing them to first settle the corollary issues.

What matters are dealt with in the divorce proceedings?

Obviously, bringing the legal relationship of marriage to an end is the chief function of the divorce proceeding. As well, the Divorce Act allows the court to deal with issues of spousal support, child support, custody and access.

What is an "uncontested divorce"?

Most often the divorce itself is not contested. In those cases the party being served with the divorce documents may choose not to oppose the request for a divorce and not file any responding material. This usually happens where the parties have already negotiated the terms of their separation and have a separation agreement, marriage contract or cohabitation agreement. The divorce judgment in these cases may include the terms already agreed upon or not make any reference to anything but the divorce itself.
 

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